State Ex Rel. Wayne County Prosecutor v. Diversified Theatrical Corp.

The question is whether a statute which provides that a place of lewdness, assignation or prostitution is a public nuisance 1 can properly be applied to motion picture theatres that show films found to be obscene under state and Federal constitutional standards. 2

We assume, without deciding, that the films are obscene. 3 We conclude, however, that the statute was intended to apply to houses of prostitution and not motion picture theatres where sexual acts are not committed but are portrayed on the screen.

I

The Michigan statute is one of a number of "red light abatement acts”, enacted in the…